CITY OF SANTA MONICA

CITY COUNCIL MINUTES

APRIL 4, 2000

A regular adjourned meeting of the Santa Monica City Council was called to order by Mayor Genser at 6:20 p.m., on Tuesday, April 4, 2000, at City Council Chambers, 1685 Main Street.

Roll Call:

Present:

Mayor Ken Genser

Mayor Pro Tem Pam O'Connor

Councilmember Richard Bloom

Councilmember Michael Feinstein

Councilmember Robert T. Holbrook

Councilmember Kevin McKeown

Councilmember Paul Rosenstein

Also Present:

City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

City Clerk Maria M. Stewart

On order of the Mayor, the City Council convened at 6:20 p.m., with all members present and then adjourned to consider closed sessions. Action taken on closed sessions was reported at the end of the meeting.

On order of the Mayor, the City Council reconvened at 7:05 p.m., with all members present. Councilmember Bloom led the assemblage in the Pledge of Allegiance

4-A: Proclamation establishing April, 2000 to be Earthquake Preparedness Month in the City of Santa Monica.

The Mayor proclaimed April 2000 as "Earthquake Preparedness Month" in the City of Santa Monica.

On order of the Mayor, the City Council recessed at 7:13 p.m., to a special meeting of the Redevelopment Agency and reconvened to the regular meeting of the City Council at 7:16 p.m. with all members present.

8-A: Introduction and first reading of an ordinance adding Section 3.36.290 to the Santa Monica Municipal Code prohibiting the use of hand-held telephones while operating a motor vehicle in the City.

The following members of the public spoke in support of the proposed ordinance: Joy Fullmer, Sergio Lopez, Ray Lee, Eddie Greenberg, Kenny Morse, Anita Phillips, Ken Ward, and Chuck Allord.

The following members of the public spoke in opposition of the proposed ordinance and in favor of postponement: Daniel Ehrler representing the Chamber of Commerce, Steven Crosby representing AT&T, Paul Sieracki, representing Sprint; Aurelia Freeman representing Pacific Bell, and Jerry Rubin.

Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to hold first reading of the ordinance as presented, amended to designate the violation as an infraction of the law instead of a misdemeanor, to request that staff return upon second reading of the ordinance with options on methods of notifying the public of the existing ordinance. The motion failed by the following vote:

AYES: Councilmembers Feinstein, Rosenstein

NOES: Councilmembers Bloom, McKeown, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

ABSENT: None

Motion by Councilmember McKeown, seconded by Councilmember Bloom, that the City Council resolves to consider speaking on a hand-held phone while driving inappropriate and dangerous; to forward this informal resolution to the appropriate State offices; to encourage the existing wireless technology providers to immediately conduct an educational campaign on the matter; schedule this issue for reconsideration within six months to allow staff to reevaluate options; and to convey to the State of California how seriously the City considers this issue to be.

Motion to amend by Mayor Pro Tem O'Connor, to include all cell phones, not just hand held, and staff and elected officials, as opportunities allow, to communicate with all appropriate regional organizations so they may raise and discuss this issue and provide feedback. Motion accepted as friendly.

Motion to amend by Councilmember Feinstein to send a letter to auto manufacturers encouraging the inclusion of appropriate equipment to allow for hands-free phones, as standard equipment, in new cars in the future. Motion accepted as friendly.

Motion to amend by Councilmember Bloom, that the Police Department explore the option of including, in accident reports, any activities that may have contributed to the cause of the accident, such as cell phone use. Motion accepted as friendly.

Motion to amend by Mayor Genser, to direct staff to look at enforcement options and complexities relative to a new potential city policy. Motion accepted as friendly.

Motion to amend by Councilmember Bloom, seconded by Mayor Pro Tem O'Connor, that this matter will return as a report (not an ordinance) for policy direction, with the understanding that a subsequent ordinance may be required.

The motion, as amended, was unanimously approved by voice vote.

10-A: Public hearing to receive public input on, and resolution approving proposed changes to the names of three City Streets - recommendation to hold a public hearing, receive public input, and adopt Resolution No. 9499 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA CHANGING THE NAMES OF OCEAN AVENUE, AT THE 1900 BLOCK, TO OCEAN WAY; THE PROMENADE TO OCEAN FRONT WALK; AND, THE UNNAMED AUTOWAY BETWEEN APPIAN WAY AND OCEAN AVENUE, TO PACIFIC TERRACE."

Members of the public Joey Fullmer and Brian Hutchings expressed various concerns. Howard Jacobs spoke in support of the recommendation.

Motion by Councilmember McKeown, seconded by Mayor Pro Tem O'Connor, to receive public input and adopt the resolution, as proposed. The motion was approved by the following vote:

AYES: Councilmembers Bloom, Feinstein, McKeown, Rosenstein, Holbrook, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

12-A: Resolution No. 9500 (CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE EXECUTIVE PAY PLAN," was presented.

Motion by Councilmember Feinstein, seconded by Councilmember Bloom, to adopt the resolution as proposed. The motion was approved by the following vote:

AYES: Councilmembers Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser

NOES: None

ABSENT: None

On order of the Mayor, the City Council recessed at 9:45 p.m., and reconvened at 10:00 p.m., with all members present.

SS-1: Study session on the City's Geographic Information System.

Member of the public Chuck Allord spoke in support of the System.

Staff presented information and gave presentation on the City's Geographic Information System. On order of the Mayor, the information was received and filed. No formal action was taken.

Member of the public Chuck Allord spoke in favor of more enforcement actions in his neighborhood; Sandie Richards spoke regarding an on-going petition drive in the City for a "living wage," clarified that it was different from her organization known as Santa Monicans for Responsible Tourism, and questioned some of the statements made by the initiative proponents. Erika Zuker spoke regarding the on-going City's study on living wage.

On order of the Mayor, the City Council recessed to the following closed sessions at 10:35 p.m.

16-A: Conference with Labor Negotiator. City Negotiator: Karen Bancroft, Personnel Director. Bargaining Units: Executive Pay Plan (EPP).

For action taken, see Item 12-A.

16-B: Conference with Legal Counsel - Anticipated Litigation.

Number of cases: Three.

ACTION: Cases heard. No reportable action taken.

16-C: Public Employee Evaluations.

Employee Titles: City Attorney, City Clerk

ACTION: Closed session held. No reportable action taken.

ADJOURNMENT:

On order of the Mayor, the City Council meeting was adjourned at 11:30 p.m. to April 11, 2000, in memory of Reverend Martin Luther King.

ATTEST:

Maria M. Stewart

City Clerk

APPROVED:

Ken Genser

Mayor